Council Regulation (EC) No 40/2008Show full title

10. Allocation of additional days for permanent cessation of fishing activities

10.1. An additional number of days at sea on which a vessel may be authorized by its flag Member State to be present within any one of the geographical areas defined in point 2.1 when carrying on board any of the gears referred to in point 4.1 may be allocated to Member States by the Commission on the basis of permanent cessations of fishing activities that have taken place since 1 January 2002, either in accordance with Article 7 of Regulation (EC) No 2792/1999(1) or resulting from other circumstances duly motivated by Member States.

The effort expended in 2001 measured in kilowatt days of the withdrawn vessels using the gear in question in the relevant geographical area shall be divided by the effort expended by all vessels using that gear during 2001.

The additional number of days at sea shall be then calculated by multiplying the ratio so obtained by the number of days that would have been allocated according to Table I. Any part of a day resulting from this calculation shall be rounded to the nearest whole day.

This point shall not apply where a vessel has been replaced in accordance with point 5.2 or when the withdrawal has already been used in previous years to obtain additional days at sea.

10.2. Member States wishing to benefit from the allocations referred to in point 10.1 shall submit a request to the Commission with reports in electronic format containing for each combination of geographical areas, groupings of fishing gears and special conditions as laid down in Table I the details of the calculation based on:

(a)

lists of withdrawn vessels with their Community Fleet Register number (CFR) and their engine power;

(b)

the fishing activity deployed by such vessels in 2001 calculated in days at sea by concerned combination of geographical area, grouping of fishing gears and if necessary special condition.

10.3. On the basis of such a request the Commission may amend the number of days defined in point 8.1 for that Member State in accordance with the procedure laid down in Article 30(2) of Regulation (EC) No 2371/2002.

10.4. During the 2008 management period, a Member State may re-allocate those additional numbers of days at sea to all the vessels remaining in fleet and qualified for the relevant combination of geographical areas, groupings of fishing gears and special conditions or to part of them by applying, mutatis mutandis, the provisions laid down in points 8.5 and 8.7.

10.5. Any additional number of days resulting from a permanent cessation of activity previously allocated by the Commission remains allocated in 2008.

(1)

Council Regulation (EC) No 2792/1999 of 17 December 1999 laying down the detailed rules and arrangements regarding Community structural assistance in the fisheries sector (OJ L 337, 30.12.1999, p. 10). Regulation as repealed by Regulation (EC) No 1198/2006 (OJ L 223, 15.8.2006, p. 1)).